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General Criminal Law

General Criminal Law

Lawyer for Criminal Law in Vienna

As a law firm specializing in criminal law in 1010 Vienna, our focus in general criminal law is on the criminal defense private individuals and companies for selected offenses under the Austrian Criminal Code (StGB) and ancillary criminal laws.
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Discreet assistance with criminal law allegations

Criminal law is the sharpest weapon of the law. Even a mere suspicion can trigger extensive investigation measures that deeply encroach on the fundamental rights of those affected. The impending penalties can threaten a company’s existence and cause considerable damage to its good reputation. It is therefore important to consult a lawyer specializing in criminal law at an early stage in order to protect your own rights and defence options in the best possible way. You should therefore consult a lawyer before you comply with a summons for questioning/interrogation by the police or before you answer as a accused in court criminal proceedings. Attorney Dr. Elias Schönborn has specialized in criminal law since the beginning of his legal career. In addition to his extensive experience in defending criminal cases, he is the author of numerous criminal law publications and regularly gives lectures on criminal law. Dr. Schönborn is a member of the Association of Austrian Criminal Defence Lawyers (VÖStV), the Austrian White Collar Crime Association (AWCCA) and the European Criminal Bar Association (ECBA).

Specialized law firm for criminal law

In order to offer our clients the best possible representation and comprehensive expertise in criminal law, we have extensive expertise in various areas of criminal law, including Commercial Criminal Law, Corporate Criminal Law, Medical Criminal Law, Corruption Criminal Law, IT Criminal Law/Cybercrime, Environmental Criminal Law and International Criminal Law. As a specialist lawyer for criminal law, Dr. Elias Schönborn takes on selected mandates in the area of general criminal law. This includes, for example, the following criminal law offenses:

  • Abuse of office / abuse of official authority (Sec 302 StGB)
  • Fraud (Sec 146 StGB) and serious (commercial) fraud (Sec 147 StGB and Sec 148 StGB)
  • Fraudulent crida (Sec 156 StGB) and grossly negligent impairment of creditor interests (Sec 159 StGB)
  • Fraudulent misuse of data processing (Sec 148a StGB)
  • Fraudulent registration for social insurance or construction workers’ vacation and severance pay fund (Sec 153d StGB)
  • Extortion (Sec 144 StGB) and aggravated extortion (Sec 145 StGB)
  • Negligent bodily harm (Sec 88 StGB) and (grossly) negligent homicide (Sec 80 StGB, Sec 81 StGB)
  • False evidence as a witness (Sec 288 StGB)
  • Falsification of evidence (Sec 293 StGB)
  • Abuse of financial support (Sec 153b StGB)
  • Money laundering (Sec 165 StGB) and receiving stolen goods (Sec 164 StGB)
  • Acceptance of a gift by a person in power (Sec 153a StGB)
  • Leaving an injured person unattended (Sec 94 StGB) and failure to render assistance (Sec 95 StGB)
  • Mandate purchase (Sec 265a StGB)
  • Organized illegal employment (Sec 153e StGB)
  • Defamation (Sec 111 StGB) and damage to credit (Sec 152 StGB)
  • Coercion and deception (Sec 105 StGB, Sec 106 StGB and Sec 108 StGB)
  • Damage to property (Sec 125 StGB) and damage to data (Sec 126a StGB)
  • Embezzlement (Sec 134 StGB)
  • Suppression of evidence (Sec 295 StGB)
  • Breach of trust (Sec 153 StGB)
  • Unrepresentable presentation of material information about certain associations (balance sheet falsification, Sec 163a StGB)
  • Forgery of documents (Sec 223 StGB) and data forgery (Sec 225a StGB)
  • Suppression of documents (Sec 229 StGB)
  • Withholding of employee contributions to social security (Sec 153c StGB)
  • Defamation (Sec 297 StGB)
  • Violation of official secrecy (Sec 310 StGB)
  • Insurance fraud (Sec 151 StGB)
  • Embezzlement (Sec 133 StGB)
  • Pretending to commit a punishable offense (Sec 298 StGB)
  • Agreements restricting competition in public procurement procedures (Sec 168b StGB)

With a targeted defense strategy that is finely tuned to the individual case, Dr. Elias Schönborn can proactively protect your interests as a lawyer for criminal law in order to work towards the best possible outcome of the proceedings.

In addition to criminal defense, we also support you in asserting your claims as a victim in the course of private participation or as a witness as a legally competent person of trust.

Dr. Elias Schönborn
Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer

FAQ

  • 1. What are the penalties under Austrian criminal law?

    In Austria, criminal offenses are subject to punishment in accordance with the Austrian Criminal Code (Strafgesetzbuch, StGB). In essence, a distinction is drawn between fines, which are assessed in daily rates up to a maximum of 720 daily rates with a maximum amount of EUR 5,000 per daily rate, and prison sentences, which can range up to a maximum of 20 years or life imprisonment. The severity of the punishment depends on the penalty range of the respective offense, the guilt of the offender and the severity of the crime committed. The criminal court also considers aggravating and mitigating factors when sentencing. Special provisions can be found in juvenile criminal law, where offenses are punished with significantly more lenient penalties.

  • 2. I am accused of having committed a criminal offense. What should I bear in mind as accused and when should I instruct a criminal lawyer?

    It is of the utmost importance for accused persons to resist the temptation and pressure to make hasty statements about the allegations without first obtaining knowledge of the file and without prior legal advice. Any statement made to the police may be used as evidence against you. If criminal proceedings have been initiated against you, it is advisable to contact a criminal lawyer without delay. The attorney is obliged to maintain confidentiality, informs you of your rights and develops a suitable defense strategy together with you as part of the criminal defense.
    A lawyer versed in criminal law knows the exact course and particularities of criminal proceedings and is thus able to assist you in comprehending the nature of the accusation and in preparing adequately for questioning by the police or for a court hearing. The lawyer will safeguard your defense interests and rights in the most optimal manner, thereby increasing the chances of a favorable outcome to the proceedings.

  • 3. What rigths do I have as accused in criminal proceedings and what are the most significant rights of accused persons?

    The rights of the accused that every accused has in criminal proceedings are regulated in the Code of Criminal Procedure (Strafprozessordnung, StPO) and listed in Sec 49 StPO. The most significant rights of the accused include the following: Every accused person is entitled to be informed of the subject matter of the suspicion held against them and of their fundamental rights in the proceedings (Sec 50 StPO). The right to access the files (Sec 51 StPO) is one of the most important rights of the accused and gives the accused the opportunity to find out about the specific allegation and the results of the investigation and main proceedings to date. Furthermore, every accused individual is entitled to choose a defense counsel and to have him or her present during interrogation in order to receive legal support and representation (Sec 58 StPO).
    It is also of central importance to consider the rights to submit motions of evidence (Sec 55 StPO) and to lodge a complaint (Sec 87 StPO) or an objection due to legal violations (Sec 106 StPO). In addition, there are numerous other rights to which an accused is entitled in criminal proceedings and knowledge of these rights is essential for an effective defense against criminal charges.

  • 4. What impact can a concivtion for a criminal offense have on my professional future?

    A criminal conviction not only results in imprisonment or a fine, but also leads to an entry in the criminal record, even for relatively minor penalties, which can have a considerable negative impact on your professional future and job search. A sentence of more than six months' imprisonment for an offense in the area of commercial criminal law (e.g. fraud, embezzlement, fraudulent insolvency etc) also leads to so-called disqualification under company law. This implies that the convicted person may no longer be a managing director of a GmbH or a member of the board of directors of an AG for a period of three years (Sec 15 para 1a GmbHG and Sec 75 para 2a AktG).
    In numerous professional fields, a criminal conviction can also result in disciplinary consequences, which may ultimately lead to the individual’s removal from the respective professional list and thus a prohibition on practicing the profession. In the healthcare sector, this pertains to doctors, dentists and pharmacists, among others. In the business world, it encompasses lawyers, notaries, auditors and tax consultants, among others.

Are you looking for an experienced criminal lawyer?

Contact us.

Contact

es.law is your specialised law firm at the interface between Criminal Law, Compliance and Whistleblowing. We advise and represent you throughout Austria.

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DR. ELIAS SCHÖNBORN

Attorney at Law and Criminal Defense Lawyer

Stoß im Himmel 3/11b
1010 Wien